Contractual Late Delivery Charges Not Penalty, Reopening Without New Material invalid

Omnitel Technologies Private Limited Vs DCIT (ITAT Delhi) Omnitel Technologies Pvt Ltd filed its return for AY 2012-13 declaring ₹64.14 lakh. The case was originally scrutinised u/s 143(3) &  completed on 10.03.2015. Later, the AO reopened the assessment u/s 147/148 on 30.03.2019 &  made an addition of ₹33,56,683, treating “Late Delivery Charges” (LD charges) as penalty, thereby disallowing the expense u/s 37. Before the CIT(A), Assessee argued that the reopening was merely a change of opinion, since no new or tangible material existed; LD charges were contractual liquidated ...